Although some ISPs and legislators are crediting the year-old CAN-SPAM Act and better technology for recent gains in the war on spam, many in the industry say the advances are forcing spammers to employ new tactics, which are destabilizing the Internet's crucial DNS.

One troublesome technique finding favor with spammers involves sending mass mailings in the middle of the night from a domain that has not yet been registered. After the mailings go out, the spammer registers the domain early the next morning.

By doing this, spammers hope to avoid stiff CAN-SPAM fines through minimal exposure and visibility with a given domain. The ruse, they hope, makes them more difficult to find and prosecute.

The scheme, however, has unintended consequences of its own. During the interval between mailing and registration, the SMTP servers on the recipients' networks attempt Domain Name System look-ups on the nonexistent domain, causing delays and timeouts on the DNS servers and backups in SMTP message queues.